Departing from the Zoning Plan in Rijswijk
In Rijswijk, you can apply for a deviation from the zoning plan with the Municipality of Rijswijk for construction or usage changes that do not align with the current plan. This is useful for minor modifications or unique situations and is processed via an environmental permit. It keeps spatial planning flexible without needing an immediate plan amendment.
Why seek a deviation in Rijswijk?
The zoning plan in Rijswijk determines what is allowed on your plot, such as residential use, retail, or offices. If your proposal deviates—for instance, a slight height exceedance or temporary use—a deviation offers a solution. This saves time and costs compared to revising the plan. Following the Environment and Planning Act effective 1 January 2024, legacy plans remain in force under transitional provisions until replaced by an environmental plan. In Rijswijk, check this on the municipal website.
Legal basis
Rules on deviations are set out in the Spatial Planning Act (Wro) for ongoing cases and the Environment and Planning Act (Ow) for newer ones. Key provisions:
- Article 2.12 General Rules for the Environment Act (Wabo): Conditions for an environmental permit contrary to the plan (transitional law).
- Articles 5.1 and 5.2 Decree on Quality of the Living Environment (Bkl): 'Minor deviation rules' for small-scale deviations under the Environment and Planning Act.
- Article 4.7 Environment and Planning Act: For temporary exceptions.
- Article 3.14 Spatial Planning Act (former): Standard and permanent deviations.
The Municipality of Rijswijk, as the competent authority, approves only with robust spatial justification and no conflict with higher rules, such as national policy.
Deviation options in Rijswijk
Deviations differ by scale and duration. Overview:
| Type of deviation | Legal basis | Conditions | Procedure |
|---|---|---|---|
| Minor deviation | Art. 5.1 Bkl (Ow) / Art. 4(2) Wro (former) | Small changes, e.g., up to 5 m² extra or temporary use | Accelerated, often within 8 weeks at Municipality of Rijswijk |
| Standard deviation | Art. 2.12 Wabo / Art. 3.14 Wro | More extensive deviations with supporting rationale | Standard process with public consultation opportunity |
| Temporary deviation | Art. 4.7 Ow | Up to 10 years, extendable | Fast-track handling |
| Structural deviation | Art. 3.14(1) Wro (former) | For longer-term needs, including plan changes | Comprehensive process |
Minor deviation in Rijswijk
Popular for straightforward projects. Example: a dormer 1 meter higher in a Rijswijk residential neighborhood. If it qualifies under Annex 2 of the Bkl, the municipality grants quick approval.
Step-by-step procedure in Rijswijk
Submit via environmental permit:
- Check the plan: Review via ruimtelijkeplannen.nl or the Municipality of Rijswijk website.
- Prepare: Compile justification, drawings, and hold pre-application consultation with Municipality of Rijswijk.
- Submit: Via the Online Planning Portal (OLO).
- Assessment: Evaluation against standards (Art. 5.1 Wabo). Duration: 8-26 weeks.
- Decision: Approval, refusal, or with conditions. Lodge objection within 6 weeks with the municipality.
- Commence: Upon permit issuance.
Rights and obligations
Rights:
- Full reasoned decision.
- Pre-application consultation and right to comment.
- Objection to the municipality, appeal to Rechtbank Rijswijk.
- Complete application with supporting evidence.
- Comply with permit conditions.
- Notify neighbors if nuisance is expected.
Examples from Rijswijk practice
- Retail premises: Local supermarket expands by 10 m². Minor deviation approved, no parking concerns.
- Temporary unit: Caregiver dwelling for 5 years in Rijswijk, subject to demolition obligation.
- Refusal: Shed in a green zone in Rijswijk, conflicting with policy.
Case law (including from the Council of State) requires 'spatial planning desirability'.
Frequently asked questions
Can I always obtain a deviation in Rijswijk?
No, only if there is a legal basis and proper justification. Major projects require a plan amendment. Consult Het Juridisch Loket Rijswijk.
How long does it take?
Minor deviation: max 8 weeks; standard: up to 26 weeks. A complete file accelerates the process.
Permit refused?
File objection within 6 weeks with Municipality of Rijswijk, followed by appeal to Rechtbank Rijswijk. Seek help from Het Juridisch Loket Rijswijk.